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(In)decision in Mississippi

Update:

For whatever reason, perhaps because of Taitz’s last-minute filing of “new material information” no rulings on the motions were issued today. Grrrr. See summary later below.

The telephonic hearing in Taitz v. Democrat Party of Mississippi case is underway, where it is expected that Judge Wingate will rule on the outstanding motions in the case, including the possible dismissal or judgment in the case and possible assessment of attorneys fees and costs. For those interested in following the story as it unfolds, I suggest that you visit The Fogbow’s “alternate chat” (requires registration) and check out their forum thread on the case, now up to 10,258 comments at this writing!

Updates (Eastern Standard Time US):

  • 11:58 AM – No word yet.
  • 12:04 PM – The hearing has ended.
  • 12: 10 PM – Summary posted by Realist

Summary of Telephonic Hearing – 01-22-2014

Orly Taitz called in at 9:58 pm Mississippi time.
Walter Dukes and Sam Begley also on the line. Justin Matheny checked in.
Holland joined. He’s with Walter Dukes’ office.

Hearing began at 10:02 Mississippi time.

First thing to address is a blog shown to him by his law clerk. Asks Ms. Taitz about it and who Virgil E. Bird is.

“Multiple individuals who are posting on my blog.” She needs a subpoena to find out.

Judge explains some “backdrop.” Law clerk noticed some info on blog and passed on to the judge yesterday. He had never read blog till yesterday.

Judge then tells us of Virgil’s post.

Asks Taitz if she knows Virgil. She says no but she has IP address and wants a subpoena issued by the court. Taitz goes on and on about people making comments. Blah blah blah.

Taitz still going on about people pseudonymously posting on her blog. Anonymous people from various addresses. Taitz claims harassment.

Judge focuses only on 1 blog and alleged conversation with judge. He says it’s not true. He doesn’t know Virgil Bird, the once a year Yale Club meeting — he doesn’t attend. Clarion Hotel in Jackson in mid December? Judge has no knowledge of any meeting in Jackson of Yale club in Jackson for 10-12 years. Only 3 in Jackson. He doubts they meet yearly. He knows nothing of any such meeting and doubts it happened. Any conversation with judge is fiction.

Judge finds post offensive and needs to take some kind of action.

Reiterates his law clerk saw it and told judge.

Judge asks lawyers if they know anything about this matter. No one knows. Judge asks if anyone has read her blog. Only one admitting reading blog is Tepper.

Taitz then uses occasion to slime Tepper and Fogbow. Claims Fogbow writers and Tepper defame her. She wants a subpoena to Fogbow.

Taitz asks if judge read her additional materials. Judge said he will look at this afternoon.

Taitz going into her conspiracy theory of death of Lorraine Fuddy. Taitz surprised Duke didn’t notify court of Fuddy’s death.

Therefore important to continue with RICO action.

Judge asks if issuing subpoena is OK. Tepper explains briefly Taitz’s difficulty in serving subpoenas and suggests special master.

Judge wants any subpoenas issued returned straight to court. Judge will meet with US Attorney’s office and advise parties where we are on this. Judge will also immediately look at materials submitted to him on January 21st to see if it bears on outstanding motions. Therefore will need another time to report in.

Re outstanding motions — are they still outstanding:

ECF
8
11
15
20* remand
24 no good per Taitz
25
27
35
37
40 no good per Taitz
46 Tepper says this isn’t a motion
57
64
72
76 Lax
83 intervene
84
94

Judge asks about 96
Tepper says it’s not a motion nor admissible, Dukes says it’s a rehash.

Dukes says this is all done for delay

Sam Begley says we have dispositive motions, and anything else is irrelevant to the dispositive motions

Taitz: Miss Fuddy was an important part of the case, she died of suspicious circumstances.

Taitz takes off, misdescribing her cases, the Maryland case, various conspiracy theories and goes on and on for 7 minutes.

Tepper mentions Hawaii case

Defense required to submit response to 96. How much time do you need?

Dukes – 2 weeks (14 days)
Other counsel may or may not respond as long as judge has a response to pleading

Court asks if Taitz wants more time for rebuttal

Taitz asks for ruling on prior motions since case may become moot but judge says notice of new materials requires judge to study and doesn’t feel comfortable ruling one way or the other till he has read new materials and had some action on blog note

Tepper suggests court may sua sponte strike 96 as having inadmissible information. Also mentions social security number in 96-1, page 3, para. 6, line 5. Judge admonishes Taitz to redact. Taitz says she will.

Another conference call will be set up.

I note that ECF 11, 20 and 24 were previously denied.

RC Radio Special tonight Canceled

Scott Tepper, one of the defense attorney in Taitz v. Democrat Party of Mississippi, was to be RC’s guest at a special edition of Reality Check Radio tonight at 9 PM Eastern Time; however, as no decision was issued, it’s premature.

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37 Responses to (In)decision in Mississippi

  1. avatar
    Bob January 22, 2014 at 12:25 pm #

    Wouldn’t the posting of “Virgil Bird’s” comment be 100% the fault of Orly since she moderates each comment? It was easy to determine that it was fiction and wouldn’t have become public without her posting it.

  2. avatar
    DaveH January 22, 2014 at 12:36 pm #

    I am disappointed that this is not a resolved matter because of the comment.

    The court is doing the proper thing in issuing a subpoena to find out who left the comment. Not doing so would seem prejudicial to Taitz.

  3. avatar
    Andrew Morris January 22, 2014 at 12:49 pm #

    Thing is, it’ll lead her to think she can ask for subpoenas every time there’s a post she doesn’t like.

    I fully expect to be at the end of a noose for advising her that, while there may be nothing to it, I heard from a well-informed source that Obama and Fuddy are related as they are both descended from Adam and Eve.

  4. avatar
    nbc January 22, 2014 at 12:51 pm #

    @Bob, that takes the blame to the wrong party. “Virgil Bird” suggested that he had met with “Henry” and that the Judge had made certain comments about Orly.

    Orly mentions on her site that the Judge may involve the AG and issue a subpoena for the records of the internet provider. As people on the fogbow had already observed, the joker should have thought twice before implicating a federal judge.

  5. avatar
    Benji Franklin January 22, 2014 at 1:25 pm #

    Here she goes again, her MIND-BOGGLING incompetence and scatter-gun blast of new allegations creating so much confusion in front of a judge that he feels it’s prudent to let the process be abused some more and on we go!

  6. avatar
    nbc January 22, 2014 at 1:40 pm #

    Of course, the Judge, by taking seriously, Orly’s latest findings, has assisted her in multiplying her proceedings. In fact, as Tepper pointed out, Orly, once again, forgot to properly redact the SSN.

    What a fine mess. Well, at least the attorneys for the defendants get to respond… I wonder how much that adds to the bill?

  7. avatar
    CarlOrcas January 22, 2014 at 3:35 pm #

    nbc: What a fine mess.

    Wow! It strikes this non-lawyer that the judge just got played for a fool.

  8. avatar
    Thinker January 22, 2014 at 4:26 pm #

    What is there to investigate? Does Judge Wingate not know whether he communicated with “Virgil Byrd”? Even Taitz herself said she doesn’t believe the story. The judge says that the Yale event described in the comment didn’t even happen. Seriously, what is there to investigate?

    I usually avoid criticizing the judges who put up with so much of Taitz’s bullshit because I believe they are acting in the best interest of justice, but I don’t believe that in this case. Judge Wingate is either incompetent or petty. Neither is a characteristic consistent with good jurisprudence.

  9. avatar
    CarlOrcas January 22, 2014 at 5:20 pm #

    Thinker: Judge Wingate is either incompetent or petty. Neither is a characteristic consistent with good jurisprudence.

    It certainly appears – from what we see here – that he was completely unprepared for today’s hearing and, as a result, allowed lawyer Taitz to run amok in his courtroom.

  10. avatar
    The European January 22, 2014 at 6:05 pm #

    I fully understand Judge Wingate. The poster did not criticize him. He told a story. That story was about Judge Wingate. That story is obviously invented and puts the Judge in a very false light. Its all about facts and not about opinion.

    OTOH the Judge could / should have decided the case and have this other story run independently. But he seems to have his preferences.

    I guess there is an Obot out there who will not sleep very well tonight.

    Much better to post insults at Dr. Taitz site. They will never see the light of day, but she must read them at least.

    And, btw,. Dr, Taitz is crazy and needs medical help. Urgently.

  11. avatar
    Joey January 22, 2014 at 6:16 pm #

    I believe that Judge Wingate’s primary motivation is to minimize grounds for appeal of his orders, whenever he issues them.

  12. avatar
    nbc January 22, 2014 at 6:54 pm #

    Regardless of what the Judge’s intentions are, this will cause Orly to contribute much to our entertainment for the next few months.

    Of course, she was already quite entertaining in the last few weeks with her foolish filings and ‘arguments’. This is going to trigger much more of the same, with the same expectations for success… None…

    It’s always a win for Orly when her case is not thrown out, dismissed, or when she does not receive sanctions or is not lectured about rules of law and the court.

    Speaking of the rules of the Court, was she not admonished for once again failing to properly redact a social security number?

    How hard is it really to redact such numbers properly I wonder?…

  13. avatar
    JPotter January 22, 2014 at 7:40 pm #

    “Dukes says this is all done for delay”

    That would win the chicken dinner …. if only Taitz were that coherent. Taitz is just being her regular, spastically Taitzian self.

    The judge doesn’t seem to be very familiar with Taitz, either her, uh, crusade, style, or mentality. He should be able to recognize his position (smack in the middle of an endless stream of BS), and immediately move to cut the crap. He is a stickler for form, incredibly longsuffering, or blasé?

  14. avatar
    roxy7655 January 22, 2014 at 7:48 pm #

    I concur fully with CarlOrca and Joey. It might seem counter-intuitive that both your assessments can be true in tandem, but then I am not only not a lawyer but not even a human.

  15. avatar
    Jim January 22, 2014 at 7:50 pm #

    Some good may still come from this…B&T can file a response that could be very good! Imagine some of the other things from Taitz’s site they could point out to the judge that would show her in a fruitcake light. I await their response… :D

  16. avatar
    Reality Check January 22, 2014 at 8:05 pm #

    I appreciate the plug for the show but unfortunately Mr. Begley and Mr. Tepper thought it was prudent to postpone the interview. I decided to cancel the show since all we can do is speculate about what will happen with the case now that Taitz has muddied the waters once again.

  17. avatar
    Andrew Vrba, PmG January 22, 2014 at 9:16 pm #

    As usual, Taitz doesn’t understand what has happened, and will be completely disappointed, and livid at the results.
    I look forward to that. All this stress is taking its toll on her health. May she lawsuit herself into an early grave.

  18. avatar
    Reality Check January 22, 2014 at 9:40 pm #

    She does seem to be manic. I can imagine the number of subpoenas that will ensue from this little episode.

  19. avatar
    Miss Issippi January 22, 2014 at 10:07 pm #

    Reality Check:
    … I can imagine the number of subpoenas that will ensue from this little episode.

    I believe that is the point of Judge Wingate’s order today. Joey hit the nail on the head. Free reign, then SMACK! for expanding the already-frivolous proceedings.

  20. avatar
    JPotter January 22, 2014 at 10:59 pm #

    I hope y’all are right and the judge is indeed longsuffering / blasé enough to coolly play out all the rope Taitz is willing to suck up.

    If that is the case, who’s running the awesome special on rope? Sam’s? Costco? Harbor Freight? Steve’s Wholesale?

  21. avatar
    Thinker January 23, 2014 at 12:53 am #

    Why would Judge Wingate be trying to set Taitz up for more and better sanctions? He and he alone has the power to order them. He’s got enough evidence in front of him to hit her hard.

  22. avatar
    Kate January 23, 2014 at 4:06 am #

    I wonder if Judge Wingate is aware that, while Taitz stated during their conference call that she didn’t believe the story, she still went right ahead and posted it to her blog as she alone has the ability to moderate all comments? Her only reasoning for posting the story was to drum up sympathy from her dozen or so follower and to paint the Judge in a bad light. For her to pretend that she’s horrified about someone saying something defamatory about a judge is the height of hypocrisy considering that Taitz has denigrated all members of the judiciary who dared to rule against her, calling for the death penalty for them for treason, misprision of felony an any other charges she imagines she can apply. She never had a problem when her minions posted derogatory comments about Judges Malihi, Carter, Land, etc. She also didn’t have to post them but chose to do so.

    I hope that Judge Wingate is aware of this but in case he isn’t, I think might send a letter to his law clerk regarding the same. Taitz isn’t going to get away with pretending she’s the one who has been wronged here when she’s done far worse when it comes to defaming judges.

  23. avatar
    The Magic M (not logged in) January 23, 2014 at 4:25 am #

    The European: I guess there is an Obot out there who will not sleep very well tonight.

    I guess there is a birther who has no idea the law is coming after him/her.

    I think an Obot would’ve punked Orly more cleverly; OTOH it’s typical birther MO on her blog to impersonate Obots and/or keep the “the fix is in” meme alive.

    Reality Check: I can imagine the number of subpoenas that will ensue from this little episode.

    Yup, it will start another subpoena phase for her, now that she can trumpet “I can haz offishal sub-peenis!” all over the intertubes. She probably believes she’s now found the “one honest judge” who will rubber-stamp all her crazy.

  24. avatar
    Comrade Fogovich January 23, 2014 at 7:23 am #

    Comrade Obama is still in office. ‘Course, the rest of us are all going to prison for supporting the legitimate President of the United States of America.

    Today is the fifth anniversary of the day Politijab came online. Fogbow is directly descended from Politijab and contains all the birther-related posts since January 23, 2009. I make no distinction between the two today: We’re one community.

    We’re having a huge celebration featuring free popcorn and all the liquor in your house. Come on over and join the fun, especially those of you — like Doc C — who found and joined us on the very first day!

  25. avatar
    DaveH January 23, 2014 at 8:24 am #

    Not being at the hearing I can only speculate but from the report, I think the only comment Judge Wingate was concerned with was the one from Virgil Byrd. So, I don’t think he has given Orly blanket authority to just send out subpoenas to every ISP for IP numbers of people who have made comments laughing at her.

    Who ever wrote that one comment did it very cleverly and took the time to look up information about Wingate that would make the comment seem to be authentic.

    Who knows. Maybe Judge Wingate will actually read her blog and see all of the racist comments she allows through. And I wouldn’t be surprised if one defense attorney points out that no comment gets through moderation without Orly approving it.

    I had so looked forward to yesterday’s hearing so all that anticipation built up for days and day and then it was just a big let down. There’s nothing more satisfying than when Orly gets a smack down.

  26. avatar
    Dr. Conspiracy January 23, 2014 at 9:28 am #

    I agree, but knowing Orly Taitz, that’s exactly what I would expect her to do.

    DaveH: So, I don’t think he has given Orly blanket authority to just send out subpoenas to every ISP for IP numbers of people who have made comments laughing at her.

  27. avatar
    Jim January 23, 2014 at 10:11 am #

    Dr. Conspiracy:
    I agree, but knowing Orly Taitz, that’s exactly what I would expect her to do.

    So, you should probably be expecting a few yourself Doc.

  28. avatar
    Lupin January 24, 2014 at 6:10 am #

    Can I, a foreigner & non-US resident, be paid to write insanities somewhere on the internet, and then the party paying me could bring this to court and use my remarks to slow down whatever legal action is being adjudicated?

    Being beyond the jurisdiction of a US judge, there would be no negative consequences as far as I can imagine, even if I was identified as the poster.

    This could be a lucrative business (for us foreigners) if Judge Wingate’s concerns spread to other courts.

  29. avatar
    The Magic M (not logged in) January 24, 2014 at 6:48 am #

    Lupin: This could be a lucrative business (for us foreigners) if Judge Wingate’s concerns spread to other courts.

    C’mon birthers, hit my PayPal button and I will write on Orly’s blog whatever you want, including that I played a round of golf with Obama and Judge Wingate the other day and we ended up throwing darts at an Orly photo while singing the Kenyan national anthem (Obama sang second voice and Wingate tap-danced).

  30. avatar
    Dr. Conspiracy January 24, 2014 at 7:04 am #

    As I recall, the post’s IP address was from Virginia. The comment came from an IP address in Philadelphia. That said, I see no legal consequences for the poster unless Judge Wingate sues for defamation, which I think is implausible. Punking the Birther Queen is only illegal in Orly World.

    Lupin: Being beyond the jurisdiction of a US judge, there would be no negative consequences as far as I can imagine, even if I was identified as the poster.

  31. avatar
    J.D. Sue January 24, 2014 at 1:08 pm #

    At the very least, I’d like to see Orly sanctioned for yet again failing to redact a social security number in her most recent filing. I believe this makes the 4th time (in this case alone) the court has had to issue such an order.

    http://ia701203.us.archive.org/33/items/gov.uscourts.mssd.78493/gov.uscourts.mssd.78493.86.0.pdf

  32. avatar
    Greenfinches January 25, 2014 at 3:55 pm #

    Lupin: This could be a lucrative business (for us foreigners) if Judge Wingate’s concerns spread to other courts.

    hey, I am short of cash myself (here in the UK) and I am up for it! And the fun of messing with birther heads….

  33. avatar
    Lupin January 26, 2014 at 4:37 am #

    Dr. Conspiracy: That said, I see no legal consequences for the poster unless Judge Wingate sues for defamation, which I think is implausible. Punking the Birther Queen is only illegal in Orly World.

    Drats! Another business opportunity down the drain! :-)

  34. avatar
    Thinker January 26, 2014 at 9:39 am #

    Taitz must be frustrated by this small victory. Usually when she has something that she can spin as a victory, she embellishes it in a lie-filled press release that gets her flying monkeys and other RWNJs all tingly. They tweet and repost it all over the internet. But with this one, because her press release was mostly accurate and didn’t misrepresent the situation as one that will ultimately bring down the usurper, birthers mostly haven’t even noticed it.

  35. avatar
    Andrew Vrba, PmG January 26, 2014 at 10:25 am #

    Thinker:
    Taitz must be frustrated by this small victory. Usually when she has something that she can spin as a victory, she embellishes it in a lie-filled press release that gets her flying monkeys and other RWNJs all tingly. They tweet and repost it all over the internet. But with this one, because her press release was mostly accurate and didn’t misrepresent the situation as one that will ultimately bring down the usurper, birthers mostly haven’t even noticed it.

    Another case of “Be careful what you wish for”?

  36. avatar
    Keith January 26, 2014 at 5:53 pm #

    Thinker:
    Taitz must be frustrated by this small victory. Usually when she has something that she can spin as a victory, she embellishes it in a lie-filled press release that gets her flying monkeys and other RWNJs all tingly. They tweet and repost it all over the internet. But with this one, because her press release was mostly accurate and didn’t misrepresent the situation as one that will ultimately bring down the usurper, birthers mostly haven’t even noticed it.

    Not only but also,

    Its clear that the Judges staff is reviewing her website, and the Judge told her that that was so. So far she has been ‘smart’ enough to not spit directly in her Judge’s eye; this is not the time to load up on her trademark lies and vitriol.

  37. avatar
    Thinker January 26, 2014 at 7:19 pm #

    I have confidence in Taitz’s buffoonery. I don’t think she’ll repeat the mistake of being truthful about her dealings with the court. She can’t survive very long without her fawning flying monkeys swooning over her bravery in the face of such terrible victimization.