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Will the real Lisa Liberi please stand up?

Taitz and Berg were back in court yesterday before the Ninth U.S. Circuit Court of Appeals presenting oral arguments in the case of Liberi v. Taitz. Taitz, in an unusual display of good sense, had another lawyer to speak for her.

As of September 2012, the number of court docket entries in this long-running lawsuit had reached 982, and I am confident that it’s well over 1,000 by now. One would have thought this was a simple case: Orly Taitz said that Lisa Liberi, Phil Berg’s paralegal, was a convicted felon, and published personal information about her, including her social-security number. Liberi says that’s defamation because the Lisa Liberi felon is somebody else with the same name. But nothing is ever simple in a blood feud between conspiracy theorists.

Couldn’t we clear this up with a birth certificate, a passport, a drivers license and a social-security registration form?

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23 Responses to Will the real Lisa Liberi please stand up?

  1. avatar
    Bob February 8, 2013 at 10:23 am #

    “But the complaint alleges that the Lisa Liberi who suffered that conviction is not the plaintiff . . .”

    Based on nothing more than intuition, I would bet that the Lisa Liberi who suffered that conviction IS the plaintiff (so many Birthers are lowlifes and have no qualms about using weasel words or about outright lying). But even if it is true is Taitz allowed to publish that info about her as Liberi is not a public figure?

  2. avatar
    realist February 8, 2013 at 1:56 pm #

    “As of September 2012, the number of court docket entries in this long-running lawsuit had reached 982, and I am confident that it’s well over 1,000 by now. ”

    Unless there’s been several hundred documents filed in the past 24 hours, I don’t believe that’s correct.

    As of 2/7/13 the last numbered document on the docket was 598.

    Date Filed # Docket Text
    02/07/2013 598 REQUEST to Substitute attorney Randy A. Berg in place of attorney Gary G. Kreep for Sponsoring Counsel for Philip J. Berg, Esquire’s Pro Hac Vice Admission and for Plaintiffs Lisa Liberi, Lisa Ostella, Philip J. Berg, Esquire, Go Excel Global and The Law Offices of Philip J. Berg filed by Plaintiffs Lisa Liberi, Lisa Ostella, Philip J. Berg, Esquire, Go Excel Global and The Law Offices of Philip J. Berg PHILIP J. BERG, GO EXCEL GLOBAL, Lisa Liberi, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Berg, Philip) (Entered: 02/07/2013)

  3. avatar
    US Citizen February 8, 2013 at 3:05 pm #

    While it doesn’t mean much, I did a Findagrave search for Liberi and while there’s no Lisas, almost every Liberi was in Pennsylvania.

  4. avatar
    W. Kevin Vicklund February 8, 2013 at 3:20 pm #

    realist:
    “As of September 2012, the number of court docket entries in this long-running lawsuit had reached 982, and I am confident that it’s well over 1,000 by now. ”

    Unless there’s been several hundred documents filed in the past 24 hours, I don’t believe that’s correct.

    As of 2/7/13 the last numbered document on the docket was 598.

    Date Filed # Docket Text
    02/07/2013 598 REQUEST to Substitute attorney Randy A. Berg in place of attorney Gary G. Kreep for Sponsoring Counsel for Philip J. Berg, Esquire’s Pro Hac Vice Admission and for Plaintiffs Lisa Liberi, Lisa Ostella, Philip J. Berg, Esquire, Go Excel Global and The Law Offices of Philip J. Berg filed by Plaintiffs Lisa Liberi, Lisa Ostella, Philip J. Berg, Esquire, Go Excel Global and The Law Offices of Philip J. Berg PHILIP J. BERG, GO EXCEL GLOBAL, Lisa Liberi, LISA M. OSTELLA, THE LAW OFFICES OF PHILIP J. BERG. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Berg, Philip) (Entered: 02/07/2013)

    If you follow the link, you’ll see Doc was adding up all the entries in the various dockets related to the case.

  5. avatar
    misha marinsky February 8, 2013 at 3:52 pm #

    Will the real Slim Shady please stand up?

  6. avatar
    Rickey February 8, 2013 at 4:11 pm #

    Here is a photo and info on the Lisa Liberi who has a New Mexico criminal record.

    http://mugshots.com/US-Counties/New-Mexico/Unsorted-NM/Lisa-R-Liberi.21911559/details/

    She was born in 1965. Whether she is Berg’s paralegal, I cannot say.

  7. avatar
    justlw February 8, 2013 at 4:20 pm #

    Rickey: mugshots.com

    Entrepreneurship at its finest — I see there’s an “UNPUBLISH MUGSHOT” link on their site. For only $400!

    They do offer discounts if you have more than one arrest that you’d like to have unpublished.

  8. avatar
    misha marinsky February 8, 2013 at 6:18 pm #

    “Liberi says that’s defamation because the Lisa Liberi felon is somebody else with the same name.”

    I believe she is the one.

    From Orly’s site: “According to the terms of her probation she is allowed to live only in CA or NM, she is not allowed to live in any other state.”

    From mugshots.com: “Last Known City/State: SANTA FE, NM”

  9. avatar
    Keith February 8, 2013 at 7:31 pm #

    misha marinsky:
    “Liberi says that’s defamation because the Lisa Liberi felon is somebody else with the same name.”

    I believe she is the one.

    From Orly’s site: “According to the terms of her probation she is allowed to live only in CA or NM, she is not allowed to live in any other state.”

    From mugshots.com: “Last Known City/State: SANTA FE, NM”

    Also from mugshots.com “Birth State: UK”

    I don’t recall any US states with that abbreviation, so I’m guessing that “UK” means “United Kingdom”.

    Is the lawsuit Liberi a Brit?

  10. avatar
    ASK Esq February 8, 2013 at 7:58 pm #

    Well, this has turned into the birther version of Jarndyce v Jarndyce, with the added advantage of not having been well-written.

  11. avatar
    Jim February 8, 2013 at 8:04 pm #

    Rickey:
    Here is a photo and info on the Lisa Liberi who has a New Mexico criminal record.

    http://mugshots.com/US-Counties/New-Mexico/Unsorted-NM/Lisa-R-Liberi.21911559/details/

    She was born in 1965. Whether she is Berg’s paralegal, I cannot say.

    4’11” tall? Even if she did stand up…who would know? hehehe

  12. avatar
    G February 8, 2013 at 9:11 pm #

    *chuckle* *snort* *guffaw*

    Jim: 4’11″ tall?Even if she did stand up…who would know?hehehe

  13. avatar
    donna February 8, 2013 at 9:34 pm #

    chew, chew, spit

    Birther attorney Philip Berg called birther queen Orly Taitz’s actions “deplorable” this week before the 9th Circuit Court of Appeals, in a hearing related to his libel suit against Taitz.

    During the hearing, Berg accused Taitz of acting ”with malice,” saying: ”They’ve decided that they’re going to get rid of me politically in a certain case. To do that they’re decided to get rid of me by taking down my paralegal.”

    In addition, the suit alleges that Taitz “has placed JS Kit software which is a ‘tracking’ and ‘hacking’ software on her Defend our Freedoms Foundation, Inc., websites and blogs in order to ‘track’ and ‘hack’ individuals and their computers who have visited her websites.”

    my fave lines: Judge Stephen Trott shot back: “Guess who the merits panel is? And so you say we’ve resolved all of that?”
    The panel seemed to lose patience when Cunningham said Berg was to blame for the bulk of the motions before the court.
    “There’s been lots of papers filed by lawyers on both sides,” [Judge] Clifton said. “Most of which don’t do them proud.”

    http://www.courthousenews.com/2013/02/08/54711.htm

    http://www.salon.com/2013/02/08/birthers_turn_on_each_other_in_court/

  14. avatar
    Paul February 8, 2013 at 10:06 pm #

    Lisa Liberi shouldn’t have any problem showing a pattern of behavior by Oily, accusing people of all sorts of transgressions just because she found their name on the web and it seems to match someone she thinks has offended her. She does it every day on her site.

  15. avatar
    ASK Esq February 8, 2013 at 10:13 pm #

    Paul:
    Lisa Liberi shouldn’t have any problem showing a pattern of behavior by Oily, accusing people of all sorts of transgressions just because she found their name on the web and it seems to match someone she thinks has offended her.She does it every day on her site.

    Oddly enough, a similar thing is happening to me on Youtube. I’ve been arguing with a birther who defended Sheriff Joke’s investigation, and he claims he’s a law enforcement professional, so he knows how to investigate. To prove it, he found my real name (not that hard, I don’t bother to hide my tracks), and decided I was a social security attorney in California. He “threatened” to show my boss the page containing our back-and-forth, and named my wife and where I live. Problem being, that’s not my field, and it isn’t my coast. I doubt I’ll be able to convince him it isn’t me, since, well, that would be a fact, and we all know how birthers feel about those. I wonder if I should warn the CA atty he’s about to be harrassed.

  16. avatar
    Thinker February 8, 2013 at 10:43 pm #

    I believe Lisa Liberi admitted during testimony when this case was still in Pennsylvania that she is the same Lisa Liberi who Orly says she is.

  17. avatar
    Dr. Conspiracy February 9, 2013 at 8:03 am #

    What gets me is why this nothing squabble gets covered at Salon.com! (Link added to article).

  18. avatar
    BugZptr February 9, 2013 at 1:54 pm #

    Thinker:
    I believe Lisa Liberi admitted during testimony when this case was still in Pennsylvania that she is the same Lisa Liberi who Orly says she is.

    IIRC all Lisa Liberi admitted to was having been convicted of a felony. She was cagey about the mugshot, only describing it as “the picture you’ve claimed is a mugshot of me”

    I think that she *is* the Lisa Liberi that Orly is describing but she herself is going to pains to distance herself from those claims.

  19. avatar
    Rickey February 9, 2013 at 5:16 pm #

    Thinker:
    I believe Lisa Liberi admitted during testimony when this case was still in Pennsylvania that she is the same Lisa Liberi who Orly says she is.

    At a hearing in Pennsylvania on 12/20/10 she “conceded that she was a convicted felon” but It’s unclear if she admitted that she is the Lisa Liberi who is pictured in the mugshot.

    http://www.scribd.com/doc/53966687/LIBERI-v-TAITZ-C-D-CA-178-6-6-Exhibit-memorandum-by-Judge-Robreno-gov-uscourts-cacd-497989-178-6

    However, in his first amended complaint Berg stated that Liberi is a resident of New Mexico.

  20. avatar
    Bob February 9, 2013 at 6:08 pm #

    Do the two different Lisa Liberis happen to look alike? Perhaps this is one of those Evil Twin stories!

  21. avatar
    ZixiOfIx February 9, 2013 at 9:11 pm #

    Bob: Based on nothing more than intuition, I would bet that the Lisa Liberi who suffered that conviction IS the plaintiff (so many Birthers are lowlifes and have no qualms about using weasel words or about outright lying).

    I would guess that she is not the same Lisa Liberi as the person with the criminal record, since this Lisa Liberi is willing to go to court and stand before a judge to swear that she isn’t the same person.

    Also, birthers are notoriously famous for using databases which make tenuous connections (at best) between people. See also: Harrison Bounel.

    Just a quick check on Facebook shows that there are (at minimum) four people with the name “Lisa Liberi”, and a ton more with similar last names. I have no issue thinking that Orly royally hosed this up.

    But even if it is true is Taitz allowed to publish that info about her as Liberi is not a public figure?

    I don’t know if the plaintiff’s attorney would have to go that far if LL really isn’t the same person as the person with the criminal record, but you make a very good point.

    Since I am not a lawyer, I can’t cast much light on this, but it is my understanding that even if she were the same Lisa Liberi, Orly would not necessarily been entitled to publish all of Liberi’s information, such as her social security number. Contrary to popular belief, “the truth is not an absolute defense” in cases where certain private information is released.


    Public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person. “Unlike libel or slander, truth is not a defense for invasion of privacy.” Disclosure of private facts includes publishing or widespread dissemination of little-known, private facts that are non-newsworthy, not part of public records, public proceedings, not of public interest, and would be offensive to a reasonable person if made public.

    http://en.wikipedia.org/wiki/Privacy_laws_of_the_United_States#Public_disclosure

    Since Lisa Liberi’s SS# and other information have nothing to do with her work on birther issues, it seems that Orly released this information to intimidate or embarrass LL.

    The existence of the tort of Public Disclosure of Private Facts seems to cast a dim view on those who engage in that practice.

  22. avatar
    Lawyerwitharealdegree February 9, 2013 at 11:24 pm #

    Of course she’s the same Lisa Liberi. She’s never denied it under oath. Although I’ve only been at this for three decades, I know of no tort of “public disclosure of private facts”. There are, of course, real causes of action against Taitz that Liberi legitimately can plead. The problem is, she is being “represented” by a fool who allows his client to write and file all of his pleadings and briefs for him. It’s really a shame, because publishing a private citizen’s SSN all over the internet is a legitimate cause of action. It doesn’t matter a whit whether Liberi is a felon or not, Liberi should have hired a real lawyer. Phil Berg doesn’t fit that description.

  23. avatar
    J.D. Sue February 10, 2013 at 12:05 am #

    Lawyerwitharealdegree: Of course she’s the same Lisa Liberi. She’s never denied it under oath. Although I’ve only been at this for three decades, I know of no tort of “public disclosure of private facts”.
    —-

    The Restatement (Second) of Torts 652D. Of course, if the issue is a felony conviction, that is a public fact.