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Huge defeat for Taitz in Mississippi

Where I grew up, they said that bad news comes in threes. That seemed to play out today as Orly Taitz and Montgomery Sibley both had losses in the Supreme Court and the angst at the Law Offices of Orly Taitz in Rancho Santa Margarita, California was  only increased by a further bitter disappointment in Mississippi.

Taitz had placed high hopes on getting a default judgment against Michael Astrue, commissioner of Social Security, who didn’t respond to her complaint in the case of Taitz v. Democrat Party of Mississippi. She thought somehow that this non-response would erase federal privacy legislation and Social Security Administration policy, allowing her free reign to access SSA files on Obama in what she termed “post judgment discovery.”

Astrue had responded to Taitz lawsuits before. What was different about this one? The obvious conclusion I arrived at was that Taitz had, as she has done many times in the past, bungled service of the Defendant. As I have said before, one needn’t put too much effort into figuring the ins and outs of the Federal Rules of Civil Procedure as they relate to which thing(s) Taitz did wrong. If one is patient, the judge will explain it to everyone in clear, authoritative language, and that’s what happened to day from Judge Wingate.

S.D.ms ECF 93 2013-02-19 – Taitz v DPM – Order Denying Default by Jack Ryan

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110 Responses to Huge defeat for Taitz in Mississippi

  1. avatar
    Rickey February 19, 2013 at 6:21 pm #

    It’s been a rough day for Orly. In her Mississippi case her motion for a default judgment against Social Security Commissioner Astrue was denied. She failed to have him served, either in his official capacity or individually.

    How many times does she have to screw up service before she learns the rules?

    http://www.scribd.com/doc/126288478/S-D-ms-ECF-93-2013-02-19-Taitz-v-DPM-Order-Denying-Default

  2. avatar
    Reality Check February 19, 2013 at 7:29 pm #

    This one is particularly humiliating. Judge Wingate went into great detail to explain what Orly should have done to serve Astrue and what she actually did. That must be very unusual for a Federal judge to do that for an attorney or in this case a “plaintiff attorney: as Judge Wingate refers to her.

  3. avatar
    donna February 19, 2013 at 7:36 pm #

    does she read decisions?

  4. avatar
    Dr Kenneth Noisewater February 19, 2013 at 7:38 pm #

    Can we Haz sanctions?

  5. avatar
    Dr. Conspiracy February 19, 2013 at 7:38 pm #

    Thanks for the tip.

    Rickey: It’s been a rough day for Orly. In her Mississippi case her motion for a default judgment against Social Security Commissioner Astrue was denied.

  6. avatar
    Dr. Conspiracy February 19, 2013 at 7:39 pm #

    I think that in time the Judge will answer that question too.

    Dr Kenneth Noisewater:
    Can we Haz sanctions?

  7. avatar
    Northland10 February 19, 2013 at 7:50 pm #

    donna:
    does she read decisions?

    If she reads them, she has a serious comprehension issue. Maybe she reads them like that “secret code” paper we made as kids where you put holes so when you put the paper over the message, you can see the “secret message.” Her paper is set to tell her what she wants to her in the ruling and nothing else.

  8. avatar
    Northland10 February 19, 2013 at 8:09 pm #

    I would not be surprised if Orly started claiming that Judge Wingate could not dismiss it because she had already appealed to the 5th Circuit, so it was out of his hands. I doubt the fact that her case in the appeals court is a writ of mandamus is a problem. Her response will be that petition for writ is not moot because the judge did not rule in her favor. Her writ is to force him to rule for Orly, not to have him rule in general. This is a very important tenant of OrlyLaw.

  9. avatar
    Andrew Vrba, PmG February 19, 2013 at 8:50 pm #

    And her perfect record of failure stands intact!

  10. avatar
    Bob February 19, 2013 at 8:55 pm #

    And she had to spend $3,000 on a new transmission. (She mentioned it somewhere in the comments on her blog in the past day or so.)

  11. avatar
    donna February 19, 2013 at 9:02 pm #

    beforeitsnews posted excerpts and the decision – orly hasn’t (my attempt to inform her earlier was deleted)

    http://obamareleaseyourrecords.blogspot.com/2013/02/judge-wingate-denies-taitz-motion-for-default.html

  12. avatar
    misha marinsky February 19, 2013 at 9:26 pm #

    Bob: And she had to spend $3,000 on a new transmission.

    Better get MAACO™

  13. avatar
    misha marinsky February 19, 2013 at 9:28 pm #

    Bob: And she had to spend $3,000 on a new transmission.(She mentioned it somewhere in the comments on her blog in the past day or so.)

    If she drives the way she practices dentistry and law, it’s no surprise.

  14. avatar
    Majority Will February 19, 2013 at 9:42 pm #

    misha marinsky: If she drives the way she practices dentistry and law, it’s no surprise.

    Orly’s driving violations:

    http://www.scribd.com/doc/22386720/Orly-Taitz-Driving-Record

  15. avatar
    CarlOrcas February 19, 2013 at 10:06 pm #

    Majority Will: Orly’s driving violations:

    http://www.scribd.com/doc/22386720/Orly-Taitz-Driving-Record

    Wow! Her insurance bill must be something to behold.

  16. avatar
    JPotter February 19, 2013 at 10:38 pm #

    Another defeat to be sure, but how is it ‘huge’? Based on the amount of mileage she has been getting out of this case? I mean, yes, she will now have to do even more work to earn her eventual disappointment, but, this result being essentially preordained, how is it ‘huge’ in comparison to her other fails?

    Or was it just a slow day in the titling department? :P

    You’ve mentioned title trouble before … why not have title contest on articles that fail to inspire a snappy header? “Mired in Mississippi Molasses”?

  17. avatar
    misha marinsky February 19, 2013 at 10:41 pm #

    CarlOrcas: Wow! Her insurance bill must be something to behold.

    I’m sure she’s in the Assigned Risk Pool. The rates are breathtaking.

  18. avatar
    Keith February 19, 2013 at 10:43 pm #

    misha marinsky: If she drives the way she practices dentistry and law, it’s no surprise.

    How do you fubar the transmission on a Tesla?

  19. avatar
    Thomas Brown February 19, 2013 at 11:16 pm #

    misha marinsky: If she drives the way she practices dentistry and law, it’s no surprise.

    Assuming it’s a manual, would that mean: jam it in any random gear, sometimes using the clutch and sometimes not, and mash the accelerator until it feels like she’s getting somewhere… signaling turns on roads with no cross-streets and assuming the traffic signs are only there for other drivers to obey so that she never has to?

    That about cover it?

  20. avatar
    alg February 19, 2013 at 11:28 pm #

    The term “huge” overstates the plausible gravity of this case. The term “inevitable” is more accurate.

  21. avatar
    Paul February 20, 2013 at 12:19 am #

    Oh God… Ya know, after a while it’s not even fun. You just start to feel cruel. It’s like laughing at a cripple or something.

  22. avatar
    mostlyharmless February 20, 2013 at 12:28 am #

    ok, so the Order lists the “Democrat Party of Mississippi” – shouldn’t it be “Mississippi Democratic Party”? Can’t she get its name correct?

    I’m new to this Orly business. Trying to sort out what someone I know goes on about.

  23. avatar
    Dr. Conspiracy February 20, 2013 at 12:51 am #

    Taitz is too important to worry about details, procedures and rules.

    mostlyharmless: Can’t she get its name correct?

  24. avatar
    JohnB February 20, 2013 at 12:53 am #

    She sued “Democrat [sic] Party of Mississippi” – no such thing; its name is Democratic Party ….

  25. avatar
    misha marinsky February 20, 2013 at 3:21 am #

    Keith: How do you fubar the transmission on a Tesla?

    Teslas do not have a transmission. To go backwards, the motor polarity is reversed.

    She’ll find some way of damaging the car’s propulsion. Or collide with another car, while she’s going 100 MPH and talking on her mobile telephone.

  26. avatar
    Gabe February 20, 2013 at 6:21 am #

    The dark forces in control of Gotham, continue to prevail, as one brave soul continues to fight for the American way, though in retrospect the series of defeats may have exposed the “American way”.

  27. avatar
    Northland10 February 20, 2013 at 7:31 am #

    mostlyharmless:
    ok, so the Order lists the “Democrat Party of Mississippi” – shouldn’t it be “Mississippi Democratic Party”?Can’t she get its name correct?

    Sometimes, she does not even her own name correct.

  28. avatar
    Northland10 February 20, 2013 at 7:41 am #

    Thomas Brown: Assuming it’s a manual, would that mean: jam it in any random gear, sometimes using the clutch and sometimes not, and mash the accelerator until it feels like she’s getting somewhere… signaling turns on roads with no cross-streets and assuming the traffic signs are only there for other drivers to obey so that she never has to?

    That about cover it?

    While yapping on the phone the whole way (some of her tickets were from cell phone use).

    A few days back, she was complaining that Obots had messed with her transmission. She claimed the mechanic said a transmission should not have this happen this early. OrlyLogic automatically blames Obots.

  29. avatar
    Majority Will February 20, 2013 at 8:52 am #

    Gabe:
    The dark forces in control of Gotham, continue to prevail, as one brave soul continues to fight for the American way, though in retrospect the series of defeats may have exposed the “American way”.

    An impresario seeks some sprightly dissident. He called her Scheherazade (or was it Mitzi?). Sometimes some trombone related to the toothache trembles, but a bicep inside a mastadon always teaches the dilettante behind a mastadon! A curmudgeonly cleavage thoroughly graduates from a ruffian related to the bicep, or the pocket near a hand tries to seduce the shadow.

  30. avatar
    The Magic M February 20, 2013 at 9:08 am #

    Northland10: A few days back, she was complaining that Obots had messed with her transmission. She claimed the mechanic said a transmission should not have this happen this early. OrlyLogic automatically blames Obots.

    As true Sith, we are able to manipulate her transmission from miles away using our mastery of the Force. :)
    I wonder if Orly is so paranoid that she constantly fears to be “Breitbarted” (for those who don’t know, that is the conspiracist belief that Andrew Breitbart’s heart attack was deliberately caused by some secret super weapon used by the government).

  31. avatar
    alg February 20, 2013 at 9:46 am #

    One wonders if she will blame her next yeast infection on the Obots.

  32. avatar
    Bovril February 20, 2013 at 9:49 am #

    Akshully, the meme was that he was shot with a “heart attack dart/gun”. One of the biggest proponets of which is the truly delusional Butterdezillion of Freak Rethuglic fame.

    According to her he was shot with a soope-seekrit KCl (Pottasium Chloride) dart which offed that LSOS.

    The trouble, as with everything else she “knows”, is it doesn’t hold up to the depth of analysis a brain damaged lemming would undertake…….science hat on…..

    Her current theory is that Potassium Chloride was used in a “heart attack gun” leaving some microscopic mark where the “needle” went in.

    =================================================

    http://www.freerepublic.com/focus/f-news/2884923/posts

    And isn’t that what a potassium chloride dart would cause?

    If so everything is as would be expected if it was a heart attack dart. The only way to know whether this was caused artificially rather than naturally is by seeing whether there was a small red spot where a dart went into his body.

    =================================================

    So, lets look at the actual numbers shall we…..?

    KCl, intravenous lethal dose 35 mg/Kg

    Breitbart weight at death 251 pound or 114 Kg

    So, minima lethal dose…….114*35 = 3990 mg = 3.99g lets call it 4g for sake of argument

    Right, we have the mimimum weight, so, how BIG is that amount of KCl…?

    Density of KCl is 1.984 g/cubic cm = 2.02 cubic cm (http://en.wikipedia.org/wiki/Potassium_chloride)

    So, to off the ebil sack of poo we have to dump a mimimum of 2 cubic cents of stuff into his blood stream, we will for the sake of argument ignore HOW we dump all of it directly into his bloodstream without any apparent marks as if it hit muscle or fat etc he will take a long period of time to shuffle of this mortal coil.

    Right we have some magical way of shooting the chemical into his bloodstream, leaving at most a “small red mark”…..

    So that means a hole no more than 1 mm in diameter or else it won’t be a “small red mark” but a honking great tear. To be “shot” from the “heart attack gun”
    with any possibility of penetrating it will have to be a cylinder or a cone in shape with the base no more than 1 mm in diameter.

    Well here’s a bit of a problem…..if we have a diameter of 1 mm and a volume of 2000 cubic mm then the cylinder is 20 cm long , just short of 8 inches long

    It’s even worse with the cone, a cone with a base of 1mm dia would have to be 76 cm or 30 inches long.

    So……we have a fragile single crystal of salt, between 8 and 30 inchs in length, that has to be delivered silently, from a concealable weapon, that self guides into one of the main arteries or veins of the body, dissolves instantly so that it doesn’t skewer right through the body, leaving no visible sign other than a small red dot on the skin….

    Maybe ButterButt needs to revist her theory

  33. avatar
    Bob February 20, 2013 at 10:05 am #

    She’s claiming, in a newer post, that the Supreme Court stay refers only to the Electoral College voting but there was no decision on the Social Security number, etc. The decision does say that but that’s because that other crap was totally irrelevant to her pleading (much less relevant to eligibility). She’s sick and twisted.

    She has flushed the last remaining teeny, tiny shred of her dignity down the toilet.

  34. avatar
    Dr. Conspiracy February 20, 2013 at 10:09 am #

    Where’s my thesaurus? “Pathetic” doesn’t cut it any more.

    Bob: She’s claiming, in a newer post, that the Supreme Court stay refers only to the Electoral College voting but there was no decision on the Social Security number, etc.

  35. avatar
    Kate1230 February 20, 2013 at 10:20 am #

    Gabe:
    The dark forces in control of Gotham, continue to prevail, as one brave soul continues to fight for the American way, though in retrospect the series of defeats may have exposed the “American way”.

    Brave soul? Try incompetent attorney. When a Judge advises an attorney how to serve someone properly as if they were a first year law student, it speaks volumes about her lack of legal knowledge. Taitz is in this for the attention. Her defeats are due to procedural defects, lack of standing, and other legitimate reasons despite birthers claiming otherwise. What Taitz offers as evidence has been thoroughly debunked. President Obama was NEVER an Indonesian citizen. If you read American laws, you’d realize that unless you just prefer fairy tales to the truth.

  36. avatar
    bgansel9 February 20, 2013 at 10:27 am #

    mostlyharmless:
    ok, so the Order lists the “Democrat Party of Mississippi” – shouldn’t it be “Mississippi Democratic Party”?Can’t she get its name correct?

    Including the “ic” at the end of the word Democrat would signal that she’s not as rightwing as those for whom she has set up the donate button. Her donations would suffer if she spelled it correctly.

  37. avatar
    bgansel9 February 20, 2013 at 10:29 am #

    Orly’s not a real lawyer (as we’ve seen demonstrated so many times), she only plays one on the internet.

  38. avatar
    justlw February 20, 2013 at 11:28 am #

    Bovril: ….science hat on…

    Ha. You wish. By now, whatever physical continuum that was in existence on or before March 1, 2012, is believed to be destroyed or concealed (“sanitized”) by Bill Nye and or his agents for Barack Hussein Obama and the science establishment as an act of spoliation.

    Or simply put: KCl heart attack darts worked on March 1st, 2012. Any attempt to prove they do not work now is irrelevant, because conspiracy. I’ve run rings around you Strunkily!

  39. avatar
    donna February 20, 2013 at 11:32 am #

    taitz now has her sights set on “acting Commissioner Obama Appointee Carolyn Colvin”:

    On Th 02.14.2013 Commissioner of SSA Michael Astrue left his position and was replaced by acting Commissioner Obama Appointee Carolyn Colvin. Please, write to her and demand immediate investigation of Obama’s use of a stolen CT SSN or resignation

  40. avatar
    Birther Weary February 20, 2013 at 11:39 am #

    When are the courts going to start billing her for the time wasted replying to her piles of offal?

  41. avatar
    Birther Weary February 20, 2013 at 11:41 am #

    CarlOrcas: Wow! Her insurance bill must be something to behold.

    You think Orly has insurance?

  42. avatar
    Rickey February 20, 2013 at 11:53 am #

    bgansel9: Including the “ic” at the end of the word Democrat would signal that she’s not as rightwing as those for whom she has set up the donate button. Her donations would suffer if she spelled it correctly.

    I wish that talk show hosts would admonish their guests who insist upon calling it the “Democrat” party. It is one of those Frank Luntz things which is condescending and rude. Somewhere along the line the Republicans decided that the word “Democratic” sounds too benign and “Democrat” sounds more harsh. It also is childish.

  43. avatar
    Rickey February 20, 2013 at 11:55 am #

    donna:
    taitz now has her sights set on “acting Commissioner Obama Appointee Carolyn Colvin”:

    On Th 02.14.2013 Commissioner of SSA Michael Astrue left his position and was replaced by acting Commissioner Obama Appointee Carolyn Colvin. Please, write to her and demand immediate investigation of Obama’s use of a stolen CT SSN or resignation

    I’m sure that she will receive tens of letters, none of which will get past the people who screen her mail.

  44. avatar
    1% Silver Nitrate February 20, 2013 at 12:11 pm #

    alg: One wonders if she will blame her next yeast infection on the Obots.

    In which case we call as a rebuttal witness Charles Lincoln III:

    http://ohforgoodnesssake.com/?p=4822

  45. avatar
    CarlOrcas February 20, 2013 at 12:14 pm #

    Birther Weary: You think Orly has insurance?

    In California her driver license and auto license would be suspended if she didn’t and those would also show up on her list of charges.

    So she’s probably got it but, as noted, she’s paying a bundle for it with that record.

  46. avatar
    CarlOrcas February 20, 2013 at 12:16 pm #

    Rickey: I wish that talk show hosts would admonish their guests who insist upon calling it the “Democrat” party. It is one of those Frank Luntz things which is condescending and rude. Somewhere along the line the Republicans decided that the word “Democratic” sounds too benign and “Democrat” sounds more harsh. It also is childish.

    Actually didn’t Rush Limbaugh originate the affectation?

    And, you’re right, it’s childish.

  47. avatar
    1% Silver Nitrate February 20, 2013 at 12:27 pm #

    Rickey: I wish that talk show hosts would admonish their guests who insist upon calling it the “Democrat” party. It is one of those Frank Luntz things which is condescending and rude. Somewhere along the line the Republicans decided that the word “Democratic” sounds too benign and “Democrat” sounds more harsh. It also is childish.

    CarlOrcas: Actually didn’t Rush Limbaugh originate the affectation? And, you’re right, it’s childish.

    From the blog The Big Apple:

    The first use of “Democrat party” cannot be determined because the name was used frequently in the 19th century. William Safire claimed that Harold Stassen, the 1940 campaign manager for Wendell Wilkie, popularized the term during that campaign. Geoff Nunberg . . . found a 1923 cite for ‘Democrat party.”

    Republican national chairman Leonard Hall was one of many Republicans to use “Democrat party” from 1952-1956; Wisconsin Senator Joseph McCarthy used “Democrat party” in the April-June 1954 Army-McCarthy hearings. The “Democrat party” usage became a popular internet topic in the 2000s. Conservative radio talk show host Rush Limbaugh regularly uses “Democrat party,” claiming that there’s nothing “democratic” about them.

    For a complete (& exhaustive) discussion, see:

    http://www.barrypopik.com/index.php/new_york_city/entry/democrat_party_or_democratic_party_usage/

  48. avatar
    Birther Weary February 20, 2013 at 12:39 pm #

    CarlOrcas: In California her driver license and auto license would be suspended if she didn’t and those would also show up on her list of charges.

    So she’s probably got it but, as noted, she’s paying a bundle for it with that record.

    Seeing that she was allowed to “attend” traffic school twice in the last 12 months, she probably isn’t.

    The news to me is that you can do that. I thought you only got one shot in a period of time. Obviously I was misinformed.

  49. avatar
    CarlOrcas February 20, 2013 at 12:48 pm #

    Birther Weary: Seeing that she was allowed to “attend” traffic school twice in the last 12 months, she probably isn’t.

    The news to me is that you can do that. I thought you only got one shot in a period of time. Obviously I was misinformed.

    It’s been a long time since I dealt with traffic stuff in Orange County but Judge’s have a lot of discretion in dealing with violations.

    Insurance companies aren’t nearly as flexible.

  50. avatar
    CarlOrcas February 20, 2013 at 12:49 pm #

    1% Silver Nitrate: Wisconsin Senator Joseph McCarthy used “Democrat party” in the April-June 1954 Army-McCarthy hearings. The “Democrat party” usage became a popular internet topic in the 2000s. Conservative radio talk show host Rush Limbaugh regularly uses “Democrat party,” claiming that there’s nothing “democratic” about them.

    From McCarthy to Limbaugh. That makes sense.

  51. avatar
    JPotter February 20, 2013 at 1:19 pm #

    Dr. Conspiracy:
    Where’s my thesaurus? “Pathetic” doesn’t cut it any more.

    For only a couple bucks a month, the Visual Thesaurus would be happy to help.
    I forgot about all of the other meanings the word has.

  52. avatar
    Thomas Brown February 20, 2013 at 1:23 pm #

    Dr. Conspiracy:
    Where’s my thesaurus? “Pathetic” doesn’t cut it any more.

    Right unsounded are the stygian depths of her brobdingnagian jurisprudencial coprolalia.

    And then some.

  53. avatar
    Birther Weary February 20, 2013 at 1:43 pm #

    CarlOrcas: It’s been a long time since I dealt with traffic stuff in Orange County but Judge’s have a lot of discretion in dealing with violations.

    Insurance companies aren’t nearly as flexible.

    When I got my last ticket, the traffic school option was on the ticket. I never saw a judge, never went to court. Just paid the fine, paid the “school”, and did the online class.

    I’m sure that’s how Orly got her degree. I still don’t understand how she passed the bar.

  54. avatar
    Bob February 20, 2013 at 1:51 pm #

    The majority of Orly’s posts since her Supreme Court loss are just nutty conspiracy theories including lists of the people Obama supposedly had killed (because they knew too much) and the information necessary for her “supporters” to harass people.

  55. avatar
    mostlyharmless February 20, 2013 at 2:18 pm #

    bgansel9: Including the “ic” at the end of the word Democrat would signal that she’s not as rightwing as those for whom she has set up the donate button. Her donations would suffer if she spelled it correctly.

    I’m just curious – if you don’t cite the correct legal name of someone or something in a legal order, does it still “count”? I mean, if the Mississippi Democratic Party is incorporated as such, then she’s submitting the order to an organization that doesn’t exist. (I’m new to all this – it just seems sloppy – especially if it could get tossed out for getting the name wrong.)

  56. avatar
    justlw February 20, 2013 at 2:46 pm #

    Birther Weary: Seeing that she was allowed to “attend” traffic school twice in the last 12 months, she probably isn’t.

    I started to run up a quote for Orly (on Progressive, of course). Hey, it’s not like it’s e-Verify or anything.

    It turns out that except for accidents and DUIs, they don’t care about anything over 3 years old, and everything on her record, according to the above link, is older than that. So she may only be paying $150 or so per month.

  57. avatar
    Rickey February 20, 2013 at 3:02 pm #

    mostlyharmless: I’m just curious – if you don’t cite the correct legal name of someone or something in a legal order, does it still “count”?I mean, if the Mississippi Democratic Party is incorporated as such, then she’s submitting the order to an organization that doesn’t exist.(I’m new to all this – it just seems sloppy – especially if it could get tossed out for getting the name wrong.)

    As a general rule, defendants don’t make a big deal about their names being misspelled, etc., because it is the sort of error which is easily fixed. In this case, the Order says “Democrat Party” because that is what the case caption says.

    The exception would be the case filed by Legal Liberty Foundation which named as a defendant a fake organization which had a Democratic name but actually was an arm of the Republican party.

  58. avatar
    mostlyharmless February 20, 2013 at 3:09 pm #

    Hey, thanks, Rickey, for that clarification!

  59. avatar
    Feinne February 20, 2013 at 3:55 pm #

    Since the KCl heart attack dart got brought up, I’ll point out another exciting point about how dumb it is.

    So, that density given was for solid KCl. A much more likely vector for a poisoning would be a solution of it, though. KCl’s solubility in water at room temperature is 344 g/L, or .344 g/mL. So, you need about 11.6 mL of saturated KCl solution to poison someone to death, delivered through one presumes a dart with as noted a 1 mm needle so as to not be noticed. Somehow this dart also has to enact positive pressure so as to actually deliver its full payload as well.

    It’s just ridiculous, especially since if someone wanted him dead they’d just have had him shot and faked a home invasion or mugging or something.

  60. avatar
    Plantmaster February 20, 2013 at 4:14 pm #

    Gabe:
    The dark forces in control of Gotham, continue to prevail, as one brave soul continues to fight for the American way,

    The American Way: in this instance, the right to prove in court that one is not intelligent enough to qualify as the village idiot…

  61. avatar
    justlw February 20, 2013 at 4:14 pm #

    Feinne: It’s just ridiculous, especially since if someone wanted him dead they’d just have had him shot and faked a home invasion or mugging or something.

    Yes, I’m surprised as anyone that the wingnut community has come up with an overly complex and farfetched rationale for an everyday occurrence.

  62. avatar
    Feinne February 20, 2013 at 4:34 pm #

    justlw: Yes, I’m surprised as anyone that the wingnut community has come up with an overly complex and farfetched rationale for an everyday occurrence.

    Yeah fair enough, this is their stock in trade.

  63. avatar
    W. Kevin Vicklund February 20, 2013 at 4:49 pm #

    So, you need about 11.6 mL of saturated KCl solution to poison someone to death, delivered through one presumes a dart with as noted a 1 mm needle so as to not be noticed. Somehow this dart also has to enact positive pressure so as to actually deliver its full payload as well.

    I have seen a dart that is only slightly off these specs – 10 mL with a 1.5 mm needle.

    The idea that this is what actually occurred has, of course, gone plaid.

  64. avatar
    bovril February 20, 2013 at 5:18 pm #

    Ahhhh but you are not following it through to its logical end…the dart has to be both the poison and the delivery mechanism. The dart has to impact, deliver its payload and leave not trace behind.

    So, no solution as that needs a pressurised container

    Magical stealth suppositöry…..?

  65. avatar
    bgansel9 February 20, 2013 at 6:56 pm #

    mostlyharmless: I’m just curious – if you don’t cite the correct legal name of someone or something in a legal order, does it still “count”?I mean, if the Mississippi Democratic Party is incorporated as such, then she’s submitting the order to an organization that doesn’t exist.(I’m new to all this – it just seems sloppy – especially if it could get tossed out for getting the name wrong.)

    They spent months trying to litigate the case with the faulty name. The judicial system ignored the error of the name.

  66. avatar
    bgansel9 February 20, 2013 at 6:58 pm #

    Birther Weary: I still don’t understand how she passed the bar.

    Nobody does. You’re in good company.

  67. avatar
    donna February 20, 2013 at 7:10 pm #

    bgansel9:

    i want video proof that she took the bar exam – i want to see ORIGINAL copies of the exam for forensic experts to examine her penmanship

  68. avatar
    bgansel9 February 20, 2013 at 7:27 pm #

    donna: i want video proof that she took the bar exam – i want to see ORIGINAL copies of the exam for forensic experts to examine her penmanship

    Of course you do. Completely understandable. Her lack of knowledge is such that the only way she could have passed the bar is to have someone else take the test for her. It’s so obvious.

  69. avatar
    Thinker February 20, 2013 at 7:37 pm #

    The scribd document on Orly’s traffic tickets is not up to date. According to the Orange County Court docket, she has gotten 4 additional tickets since the most recent one on the scribd document (10/12/2009). And that’s only tickets in Orange County. We don’t know anything about any other jurisdictions.

    justlw
    It turns out that except for accidents and DUIs, they don’t care about anything over 3 years old, and everything on her record, according to the above link, is older than that.So she may only be paying $150 or so per month.

  70. avatar
    W. Kevin Vicklund February 20, 2013 at 7:45 pm #

    bovril: Ahhhh but you are not following it through to its logical end…the dart has to be both the poison and the delivery mechanism. The dart has to impact, deliver its payload and leave not trace behind.

    So, no solution as that needs a pressurised container

    Notice how I quoted the part about pressurization? That was not accidental. The dart is pressurized. I was merely pointing out that there is a commercially available solution that almost meets the specs being discussed; they even have instructions on how to load it.

  71. avatar
    bgansel9 February 20, 2013 at 8:19 pm #

    Thinker: According to the Orange County Court docket, she has gotten 4 additional tickets since the most recent one on the scribd document (10/12/2009).

    Why does this not surprise me?

  72. avatar
    Rickey February 20, 2013 at 9:17 pm #

    bovril:
    Ahhhh but you are not following it through to its logical end…the dart has to be both the poison and the delivery mechanism. The dart has to impact, deliver its payload and leave not trace behind.

    So what happens to the dart? Does it self-destruct, or does the shooter have to run up to the victim and retrieve it?

  73. avatar
    CarlOrcas February 20, 2013 at 10:25 pm #

    Birther Weary: When I got my last ticket, the traffic school option was on the ticket. I never saw a judge, never went to court. Just paid the fine, paid the “school”, and did the online class.

    I’m sure that’s how Orly got her degree. I still don’t understand how she passed the bar.

    Again my experience is quite a few years ago but even then your option was determined by your record. Lots of stuff and/or serious charges got you a mandatory appearance notice.

    At some point Orly is going to have to discuss her driving record with a judge and/or the DMV.

    As far as her passing the bar I’m with you. Does California post results or just a pass/fail list….does anyone know?

  74. avatar
    Keith February 21, 2013 at 1:54 am #

    Rickey: So what happens to the dart? Does it self-destruct, or does the shooter have to run up to the victim and retrieve it?

    jab from an umbrella?

  75. avatar
    Saint James February 21, 2013 at 2:03 am #

    Rickey: So what happens to the dart? Does it self-destruct, or does the shooter have to run up to the victim and retrieve it?

    It’s more like the dart is attached to a fishing line then reeled back (in to the “grassy knoll” where the assassin is located) when the payload has been delivered.

  76. avatar
    Lupin February 21, 2013 at 4:09 am #

    Medical experts now claim that patients diagnosed with Alzheimer (MRI etc) were exhibiting mild symptoms in average 8 years before.

    This is certainly true of my mother who was diagnosed in 2010 but was starting to show signs of wacky behavior in 2002.

    I seriously wonder if Orly isn’t suffering from an as yet undiagnosed form of dementia.

  77. avatar
    The Magic M February 21, 2013 at 5:30 am #

    Rickey: So what happens to the dart? Does it self-destruct, or does the shooter have to run up to the victim and retrieve it?

    If it’s made of ice, it will melt fast. If it’s made of some other quickly decomposable material… Don’t forget, you’re dealing with conspiracy believers who will have no problem making up some “secret nanotech metal” that has all the properties required to fit in the conspiracy theory, nor in claiming the CIA has had it for a decade.

  78. avatar
    Gabe February 21, 2013 at 6:39 am #

    Interesting on how the Progressives’ changed the subject on the replies from the judgement, to moving violations, auto transmissions, proof of Orly’s law credentials to a dart in a blowpipe, it seems they enjoy the land of the absurd and denial.

  79. avatar
    bovril February 21, 2013 at 7:13 am #

    Err, the only reason to discuss other matters is that there is no “there” “there” for Mad Ole Orly and her perennial failures.

    The same failure evidenced in your vacuous and value free comment Gabby dear.

    So, do tell, based on your obvious wealth of knowledge, care to enumerate exactly how many ways Orly screwed it up…AGAIN…..?

    Or how each and every Birfoon like yourself has failed dramatically at gaining any ground in any of the lurid fantasies around the President..?

    What about how your ilk have filed over 200 cases against the legitimate and constitutionally elected President to precisely zero wins…?

    Maybe we will be regaled by your tales of how Birfoons like yourself are seen as brain damaged sheep to be fleeced by grifters, the likes of Corsi, Farrah, I Lucas, Arapaio et-al..

    Do tell, we all look forward to the hilarity

  80. avatar
    Keith February 21, 2013 at 7:14 am #

    The Magic M: If it’s made of ice, it will melt fast.

    I take it you don’t watch Mythbusters, then.

  81. avatar
    Scientist February 21, 2013 at 7:19 am #

    Gabe: Interesting on how the Progressives’ changed the subject on the replies from the judgement, to moving violations, auto transmissions, proof of Orly’s law credentials to a dart in a blowpipe, it seems they enjoy the land of the absurd and denial.

    The judgement is that Orly failed to properly serve the defendant. That is neither “progressive” nor “conservative”. It’s a simple question of legal nuts and bolts, something a first year law student ought to know, and something Orly screws up every single time.

    Suppposing someone sued you, but never served you and then went to court demanding a default. You wouldn’t accept that, would you?

  82. avatar
    Majority Will February 21, 2013 at 7:31 am #

    Gabe:
    Interesting on how . . . it seems they enjoy the land of the absurd and denial.

    The stunt woman gently watched a maggot crawl out of the little known freakishly bowlegged contortionist’s cheap sunglasses.

  83. avatar
    The Magic M February 21, 2013 at 8:10 am #

    Keith: I take it you don’t watch Mythbusters, then.

    Not as often as I want to. German television airs them at impossible times.

  84. avatar
    Bob February 21, 2013 at 9:37 am #

    Gabe:
    Interesting on how the Progressives’ changed the subject . . .

    It’s called being able to walk and chew gum at the same time.

  85. avatar
    Rickey February 21, 2013 at 11:16 am #

    Gabe:
    Interesting on how the Progressives’ changed the subject on the replies from the judgement, to moving violations,auto transmissions, proof of Orly’s law credentialsto a dart in a blowpipe, it seems they enjoy the land of the absurd and denial.

    There isn’t much more to say about the Order (it’s not a judgment). Those of us who live in the reality-based community knew that this was how it was going to turn out. As Judge Wingate’s Order spells out in detail, it is not terribly difficult to effect valid service upon government officials. Competent attorneys have no trouble following the rules, but Orly doesn’t believe that the rules apply to her.

    Now Orly thinks she is entitled to a default judgment against Obama in the Grinols case. The only problem is that she hasn’t properly served Obama yet, just as she failed to properly serve Astrue in the Mississippi case.

    You see, we don’t live in “land of the absurd and denial.” That place is reserved for the likes of birthers.

  86. avatar
    Thinker February 21, 2013 at 11:36 am #

    You know who else is not posting about this order? Orly Taitz. She hasn’t posted it on her web site. She touted her alleged default in press releases, but now won’t even post that her motion was denied because she f@cked up a procedure that a reasonably intelligent middle-schooler would have been able to figure out.

    In 4+ years of filing birther lawsuits, Taitz has never once properly served a defendant. All of the defendants who responded have ultimately chosen to respond despite not being properly served, including everyone in her current lawsuits. In her lawsuit in Orange County over her failed Senate candidacy, she tried for 4 months, 10 docket entries, 69 pages of documentation, and was not able to properly serve any of the 4 people she sued.

    She pines for serious people to take her seriously, but this kind of buffoonery precludes it.

    Gabe:
    Interesting on how the Progressives’ changed the subject on the replies from the judgement, to moving violations,auto transmissions, proof of Orly’s law credentialsto a dart in a blowpipe, it seems they enjoy the land of the absurd and denial.

  87. avatar
    The Magic M February 21, 2013 at 11:49 am #

    Gabe: how the Progressives’ changed the subject on the replies from the judgement, to moving violations, auto transmissions, proof of Orly’s law credentials to a dart in a blowpipe

    Neither is this your blog nor is it our duty to debate (only) issues you like, or “stick to the subject”, or refute every brain fart that birthers come up with. If you don’t like the way a discussion is going, you can participate (I know that’s a foreign concept to someone used to echo chambers with 100% agreement on everything) or take a hike.

  88. avatar
    J.D. Sue February 21, 2013 at 12:34 pm #

    Rickey: The only problem is that she hasn’t properly served Obama yet


    Plus, she lost any chance for a default judgment (even if she had served him) when she filed her first amended complaint last week.

  89. avatar
    misha marinsky February 21, 2013 at 2:44 pm #

    Gabe: it seems they enjoy the land of the absurd and denial.

    No, that would be birthers, who absurdly deny that Obama is our president.

    I am one of those New York Jewish liberals who voted twice for Obama.

  90. avatar
    Gabe February 21, 2013 at 3:46 pm #

    Rickey: There isn’t much more to say about the Order (it’s not a judgment). Those of us who live in the reality-based community knew that this was how it was going to turn out. As Judge Wingate’s Order spells out in detail, it is not terribly difficult to effect valid service upon government officials. Competent attorneys have no trouble following the rules, but Orly doesn’t believe that the rules apply to her.

    Now Orly thinks she is entitled to a default judgment against Obama in the Grinols case. The only problem is that she hasn’t properly served Obama yet, just as she failed to properly serve Astrue in the Mississippi case.

    You see, we don’t live in “land of the absurd and denial.” That place is reserved for the likes of birthers.

    Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures to get to the facts, once and for all and end the mud slinging. People without something to hide, I believe would be forth coming with indisputable proof of what is being asked for; anything less is of the land of the absurd and denial coming from the so called reality-based community.

  91. avatar
    Majority Will February 21, 2013 at 3:56 pm #

    Gabe: Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures to get to the facts

    Orly = hubris

    Birther = clueless

    Do the math.

  92. avatar
    Majority Will February 21, 2013 at 4:00 pm #

    Gabe: People without something to hide, I believe would be forth coming with indisputable proof

    People who respect the law and understand the meaning of credible evidence aren’t birthers.

  93. avatar
    CarlOrcas February 21, 2013 at 4:16 pm #

    Gabe: Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures to get to the facts, once and for all and end the mud slinging. People without something to hide, I believe would be forth coming with indisputable proof of what is being asked for; anything less is of the land of the absurd and denial coming from the so called reality-based community.

    Gabe,

    You have things a little backwards.

    First, Orly is an attorney. It’s her job to know the rules. That she doesn’t speaks volumes.

    Second, if she wants information it is her job to demonstrate how it is relevant to whatever issue she is raising. That she has failed every time she has tried also speaks volumes.

    The bottom line: Orly is incompetent and her case(s) are without merit.

  94. avatar
    W. Kevin Vicklund February 21, 2013 at 4:18 pm #

    We’ve tried. She won’t listen. She refuses to let comments explaining procedure through moderation. She won’t even follow the directions given to her in written orders from judges. So why should we continue to beat our head against that wall?

    Gabe: Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures to get to the facts, once and for all and end the mud slinging. People without something to hide, I believe would be forth coming with indisputable proof of what is being asked for; anything less is of the land of the absurd and denial coming from the so called reality-based community.

  95. avatar
    donna February 21, 2013 at 4:36 pm #

    she even deleted the mississippi decision i tried to post on her site – at the time, she still hadn’t informed her flock about the denial

  96. avatar
    Rickey February 21, 2013 at 4:47 pm #

    Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures to get to the facts, once and for all and end the mud slinging. People without something to hide, I believe would be forth coming with indisputable proof of what is being asked for; anything less is of the land of the absurd and denial coming from the so called reality-based community.
    Gabe:

    It’s called the Federal Rules of Civil Procedure. All Orly has to do is read them. She doesn’t even have to pay for a copy, as the Rules are available for free on the Internet:

    http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/2010%20Rules/Civil%20Procedure.pdf

    Serving a Summons and Complaint is one of the easiest parts of prosecuting a lawsuit. My company has two young guys who are less than a year out of college and they serve legal papers every day and they do it right every day. They learned the rules and they follow the rules.

    As for being forthcoming, Obama has produced more proof about his birth than all previous Presidents combined.

  97. avatar
    Sef February 21, 2013 at 5:01 pm #

    Gabe: Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures

    We’re having too much fun. Anyway, don’t you think that after 5 years of failures she just might think to reexamine her tactics and maybe actually read what the judges write? She has been given a first-class (free) legal education at TFB, but she and her FMs have totally ignored everything.

  98. avatar
    Northland10 February 21, 2013 at 6:14 pm #

    Rickey: It’s called the Federal Rules of Civil Procedure. All Orly has to do is read them. She doesn’t even have to pay for a copy, as the Rules are available for free on the Internet:

    Serving a Summons and Complaint is one of the easiest parts of prosecuting a lawsuit. My company has two young guys who are less than a year out of college and they serve legal papers every day and they do it right every day. They learned the rules and they follow the rules.

    As for serving the President as a private person, that may be difficult due to his special circumstances. There are procedures for special issues which she could find out if she would just ask the clerks or judge.

    I recall the time she was at the Hawaii DOH talking with the person who could accept personal service for her subpoena . They ask if she would like to serve them and she said no. She failed proper service when it stood right in front of her. I am not convinced she wants to proper service.

  99. avatar
    donna February 21, 2013 at 7:09 pm #

    Northland10:

    i am convinced that she purposely doesn’t perfect service, doesn’t read the rules, doesn’t follow statutes & precedent and makes other errors so that the courts won’t berate her about her cases – it’s bad enough that the court had to patiently instruct her on civil procedure – it’s embarrassing –

    Plaintiff Attorney Taitz has moved this court to enter a default judgment against defendant Commissioner Astrue. This plaintiff, however, has provided no evidence that she properly served Commissioner Astrue in his official capacity, and has not even alleged that she served Commissioner Astrue in the manner necessary to prosecute an individual capacity lawsuit.

    Because Attorney Taitz has failed properly to serve process on defendant Commissioner Astrue as required by the Federal Rules of Civil Procedure, this court finds that it lacks personal jurisdiction to enter a default judgment.

  100. avatar
    Rickey February 21, 2013 at 8:16 pm #

    Northland10: As for serving the President as a private person, that may be difficult due to his special circumstances.There are procedures for special issues which she could find out if she would just ask the clerks or judge.

    Not easy, but it can be done. Bill Clinton was properly served as a private person in the Paula Jones case while he was President.

    I would imagine that the President’s personal attorney would agree to accept service or would designate someone to accept service, but that would require making some phone calls. At this point Orly would need to hire someone to make the calls for her!

  101. avatar
    Keith February 21, 2013 at 11:26 pm #

    Gabe: Well if Orly, “has a fool for a client” what would be the reason no one is advising her on the correct procedures to get to the facts, once and for all and end the mud slinging.

    First and foremost, because the client has an idiot for a lawyer.

    Second because the client’s lawyer has not engaged any of the lawyers here to consult.

    Third, when proper lawyers have offered advice, pro-bono, she spits in their face. She accuses them of all kinds of mean nasty things like web site hacking, stalking, treason and any thing else she finds in her “Lawyering for Dummies: Word of the Day” calendar that she thinks sound nasty enough.

  102. avatar
    The Magic M February 22, 2013 at 4:11 am #

    Sef: She has been given a first-class (free) legal education at TFB, but she and her FMs have totally ignored everything.

    Maybe they need reverse psychology. They avoid the rules because following the rules means playing along with the system, and they’re convinced they can never “beat the system” by following the rules.
    In a way, those are Orly’s own “Rules for Radicals”. Unfortunately, the irony of the situation will be lost on her…

  103. avatar
    donna February 22, 2013 at 7:50 pm #

    taitz Filed with the Southern District of MS

    MOTION FOR RECONSIDERATION OF THE DENIAL OF DEFAULT JUDGMENT AGAINST THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION

    On 02.20.2013 this court denied a motion for the default judgment against the Commissioner of the Social Security Administration.

    Pro se plaintiff Taitz is requesting a reconsideration of the denial for the following reasons:

    http://www.orlytaitzesq.com/?p=394897

  104. avatar
    J.D. Sue February 22, 2013 at 9:13 pm #

    donna: Pro se plaintiff Taitz is requesting a reconsideration

    My favorite line: “Taitz is not an attorney in this case…”

  105. avatar
    donna February 22, 2013 at 9:40 pm #

    J.D. Sue

    i always LOVE reading your posts – i know in NY it’s referred to as “pro se” but isn’t it “pro per” in ca? at least that’s how my ca legal eagles refer to that type of litigant

    she is “not an attorney” in any case – i know pro se (non attorney) litigants who begin by researching precedent, review rules and statutes, etc and then decide their probability of success –

    they certainly don’t need a 7-page explanation by a judge about the service of process unless they just fell off a turnip truck – and they certainly wouldn’t apply for reconsideration after that –

    what was the word used to describe her ….. “querulant”? how apt

    you’re GREAT!!!!

  106. avatar
    Kiwiwriter February 23, 2013 at 3:25 pm #

    donna:
    Northland10:

    i am convinced that she purposely doesn’t perfect service, doesn’t read the rules, doesn’t follow statutes & precedent and makes other errors so that the courts won’t berate her about her cases – it’s bad enough that the court had to patiently instruct her on civil procedure – it’s embarrassing –

    Plaintiff Attorney Taitz has moved this court to enter a default judgment against defendant Commissioner Astrue. This plaintiff, however, has provided no evidence that she properly served Commissioner Astrue in his official capacity, and has not even alleged that she served Commissioner Astrue in the manner necessary to prosecute an individual capacity lawsuit.

    Because Attorney Taitz has failed properly to serve process on defendant Commissioner Astrue as required by the Federal Rules of Civil Procedure, this court finds that it lacks personal jurisdiction to enter a default judgment.

    I think the eminent Ms. Taitz indeed does NOT serve these forms properly deliberately. In John George and Laird Willcox’s fascinating book, “Nazis, Communists, Klansmen, and Others on the Fringe,” they write: “Paranoid thinking involves extensive use of the self-fulfilling prophecy whereby the individual suspects or predicts hostility in the part of others and then, perhaps unconsciously, proceeds to behave in such a way as to encourage it.”

    I mean, think about this…what WOULD happen if a judge heard her pleading, and set a trial date, ordering the Feds to answer her accusations? She wants to play the Darrow-and-Bryan scene from “Inherit the Wind” with Obama, and she would not get that. Instead, she’d get hammered in the testimony of certified experts, her witnesses would fall apart under cross-examination, and her lack of lawyering skills would be a total disaster for her…she would not be able to play the martyr. She’d look even more foolish, if that’s possible.

  107. avatar
    donna February 23, 2013 at 3:40 pm #

    Kiwiwriter: Instead, she’d get hammered in the testimony of certified experts, her witnesses would fall apart under cross-examination, and her lack of lawyering skills would be a total disaster for her…she would not be able to play the martyr. She’d look even more foolish, if that’s possible.

    EGGS-ACT-LEE which is why i am convinced she doesn’t want to go to trial and continues to make procedural errors after years of being told what they are – how uneducable is she? a non-lawyer, pro se litigant would have learned that cruel lesson the first time –

    after being told you haven’t followed the rules, recent precedent is being used against you, your “experts” are not court qualified forensic experts, your “evidence” is tossed and that “Evidence Is Not Stuff Printed From the Internet”, wouldn’t any litigant have walked away OR corrected the errors?

  108. avatar
    Kiwiwriter February 23, 2013 at 3:45 pm #

    donna:
    Kiwiwriter: Instead, she’d get hammered in the testimony of certified experts, her witnesses would fall apart under cross-examination, and her lack of lawyering skills would be a total disaster for her…she would not be able to play the martyr. She’d look even more foolish, if that’s possible.

    EGGS-ACT-LEE which is why i am convinced she doesn’t want to go to trial and continues to make procedural errors after years of being told what they are – how uneducable is she? a non-lawyer, pro se litigant would have learned that cruel lesson the first time –

    after being told you haven’t followed the rules, recent precedent is being used against you, your “experts” are not court qualified forensic experts, your “evidence” is tossed and that “Evidence Is Not Stuff Printed From the Internet”, wouldn’t any litigant have walked away OR corrected the errors?

    The questions that constantly baffle me are:

    1. Why hasn’t this woman been sanctioned by the courts for her behavior?
    2.. Why hasn’t she been disbarred?

    I can figure why she has not been charged with filing frivolous lawsuits…that’s what she wants. She would get to go to jail and become a martyr to the Obot tyranny. So Uncle Sam isn’t going to pursue a prosecution for that very reason…to avoid giving her more attention.

  109. avatar
    donna February 23, 2013 at 5:16 pm #

    Kiwiwriter:

    i guess they are concerned with disbarring lawyers who stole money from clients rather than taitz who steals from people supporting her – we will find out more when a decision is rendered as to jordan’s lawsuit modifying the judgment against her – it would scare me if every governmental defendant began charging plaintiffs for money wasted defending these frivolous lawsuits –

    so what is the cost? $750,000 for one lawsuit

    http://twitpic.com/byi5jj

  110. avatar
    Kiwiwriter February 23, 2013 at 5:30 pm #

    donna:
    Kiwiwriter:

    i guess they are concerned with disbarring lawyers who stole money from clients rather than taitz who steals from people supporting her – we will find out more when a decision is rendered as to jordan’s lawsuit modifying the judgment against her – it would scare me if every governmental defendant began charging plaintiffs for money wasted defending these frivolous lawsuits –

    so what is the cost? $750,000 for one lawsuit

    http://twitpic.com/byi5jj

    Yeah, I guess nailing fraudulent lawyers and incompetent ones are more important. They should follow her money trail. Look at David Duke and Jesse Jackson Jr., for goodness sakes.